CHAPTER 3
LEGAL REPRESENTATION OF ACCUSED AND OF VICTIM IN CRIMINAL PROCEEDINGS

Legal representation of accused

17. Pursuant to Article 12(1)(e) of the Namibian Constitution, an accused has the right to be represented by a legal practitioner of his or her choice before the commencement of and during his or her trial in any criminal proceedings.

CHAPTER 13
ASSISTANCE TO ACCUSED

Accused entitled to assistance after arrest and at criminal proceedings

80. (1) An accused who is arrested, whether with or without warrant, is, subject to any law relating to the management of prisons, entitled to the assistance of his or her own legal practitioner as from the time of his or her arrest.

(2) An accused is, as contemplated in section 17, entitled to be defended by a legal practitioner of his or her choice at criminal proceedings.

(3) An accused who is under the age of 18 years may be assisted by his or her parent or guardian at criminal proceedings, and any accused who, in the opinion of the court, requires the assistance of another person at criminal proceedings, may, with the permission of the court, be so assisted at such proceedings.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it